You must read, agree and understand the following terms and conditions before accessing any materials contained on XXXDANIELLE.COM. Please read all the terms and conditions carefully. If you do not understand, agree and abide by the following terms and conditions you are prohibited from further accessing XXXDANIELLE.COM. By further accessing any part of XXXDANIELLE.COM you agree to be bound by this agreement in it’s entirety.
SECTION I - Visitors and/or Subscribers
1. This is an Agreement between you, a Visitor and/or Subscriber to the web site XXXDANIELLE.COM referred to herein as "You and/or Visitor and/or Subscriber as appropriate" and RLW Publishing and/or Danielle Productions the owners and producers of the web site XXXDANIELLE.COM referred to herein as "Company and/or XXXDANIELLE.COM as appropriate". For good and valuable consideration which is hereby acknowledged by You and the Company, and by further accessing or using any services available at XXXDANIELLE.COM at anytime from this moment forth, You hereby agree to be bound by all of the terms and conditions set forth in this Agreement in it’s entirety. The Company agrees to provide to You the nonexclusive and revocable access to the web site XXXDANIELLE.COM. This Agreement is subject to change or modification by the Company at any time, and changes are effective upon notice to You by e-mail, posting at XXXDANIELLE.COM, via a hyperlink on XXXDANIELLE.COM, by a change on this current URL or by mail.
2. All content including but not limited to, material, web pages, graphics, messages, videos, pictures, and any other forms of communication at XXXDANIELLE.COM are expressly intended for distribution exclusively to consenting adults in locations where the content including but not limited to, material, web pages, graphics, messages, videos, pictures and any other forms of communication contained at XXXDANIELLE.COM do not violate any community standards or any Federal, State or local law or regulation of the United States or any other Country. No person or persons under the age of eighteen (18) years may directly or indirectly view or possess any of the contents of XXXDANIELLE.COM. No person or persons under the age of eighteen (18) years may directly or indirectly place any orders for any goods or services advertised at or in XXXDANIELLE.COM. You hereby acknowledge and understand that materials presented at and/or downloadable from XXXDANIELLE.COM include explicit visual, audio and textual depictions of nudity and heterosexual, bi-sexual, homosexual, and transsexual situations of a sexual nature. You further agree that You are familiar with materials of this kind and that you are not offended by such materials in any way. You hereby further affirm and warrant that you are currently over the age of eighteen (18) years and are capable of lawfully entering into this agreement.
3. You hereby acknowledge and agree that any and all material contained at XXXDANIELLE.COM are proprietary and constitute valuable intellectual property. You further acknowledge an agree that as such, You ma only access, view, download, receive and otherwise use the materials available at XXXDANIELLE.COM only as authorized by the Company.
4. You agree that You shall at no time directly or indirectly access, view, download, receive or otherwise use, or cause, enable or allow others to access, view, download, receive or otherwise use or possess materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt, possession or other use. You hereby acknowledge and agree that no materials from any area or part of XXXDANIELLE.COM are authorized, and no materials are intended by the Company to be accessed, viewed, downloaded, or used by, transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas designated a PROHIBITED AREAS below. You agree and affirm that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from XXXDANIELLE.COM, in which You are directly or indirectly involved, including but not limited to accessing, viewing, downloading, receiving, displaying or other use of any and all materials in PROHIBITED AREAS in any manner shall constitute intentional infringement or infringements of XXXDANIELLE.COM and potentially others intellectual property rights and other rights in such materials and shall further constitute violations of XXXDANIELLE.COM’s trademarks and other rights, including, but not limited to, rights of privacy.
5. All of the following areas constitute PROHIBITED AREAS from which no part of XXXDANIELLE.COM may be accessed, viewed, downloaded or otherwise received at any time either directly or indirectly:
I. All parts of the following States within the United States of America: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.
II. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria and The United Arab Emirates.
III. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, or other use of materials at XXXDANIELLE.COM would, or could reasonably constitute a violation of any law, regulation, rule or custom.
6. You agree to be personally liable and fully indemnify XXXDANIELLE.COM the Company and all of it’s owners, employees, actors and actresses for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading, viewing or any duplication of any material from XXXDANIELLE.COM alone, or with or under the authority of, any other person or persons, including, but not limited to, and without limitation, any governmental agency or agencies, wherein such damages include, without limitation, all direct, indirect and consequential damages directly or indirectly resulting from unauthorized downloading or viewing of any material from XXXDANIELLE.COM including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
7. Access to XXXDANIELLE.COM may be terminated by the Company at any time without cause.
8. Subject to all the terms and conditions set forth in this agreement, XXXDANIELLE.COM hereby grants you a limited non-exclusive non-transferable license to use graphic files, audio files, video files, links, text and other software contained on XXXDANIELLE.COM associated with authorized visitor use during the period that is authorized by the Company. You may use the material only as authorized by this agreement. You may use the materials authorized only on a single computer at a time. If downloadable material is made available and authorized by the Company you may make only a single copy for your own personal enjoyment. You are prohibited from removing any proprietary or copyright notices from material. You are prohibited from but not limited too allowing others to directly or indirectly view or use any of the materials on XXXDANIELLE.COM. You are further prohibited to modifying materials on XXXDANIELLE.COM in any way. You are also prohibited from using the material on XXXDANIELLE.COM in any other way shape or form.
9. All materials on XXXDANIELLE.COM are for the private use by visitors only. No other uses are intended by the Company and any other use is strictly prohibited.
10. You understand that when You gain access to this site, You will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because You want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters, which is both healthy and normal and. You are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you will encounter are within those standards. In your judgement, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive or obscene.
SECTION II - Subscribers
1. By joining the private members only area of XXXDANIELLE.COM you become a Subscriber and the following additional Terms and Conditions in SECTION II apply to You also.
2. Some or all of the following fees and charges may be incurred by the Subscriber:
I. Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms.
II. Subscription fees are non-refundable.
3. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes the Company and/or agents and/or resellers to charge subscriber's credit card (or other approved facility) to pay for the on going cost of membership. Subscriber hereby further authorizes the Company and/or agents and/or resellers to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by XXXDANIELLE.COM. Subscribership may not be assigned or transferred to any other person or entity. Subscriber must promptly inform XXXDANIELLE.COM of the following: changes in the expiration date of any credit card used in connection with XXXDANIELLE.COM; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until XXXDANIELLE.COM is notified, by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of XXXDANIELLE.COM.
4. Payment for the appropriate services may be made by automatic credit card debit. Subscribers will be automatically renewed for the original term upon expiration, unless XXXDANIELLE.COM is notified via the cancellation form located in the customer service area 7 days prior to membership expiration. 1 WEEK Trial Membership Subscribers shall be exempt from the 7 day notification requirement, but must notify XXXDANIELLE.COM 3 days prior to cancellation via the cancellation form located in the customer service area. 1 WEEK Trial Membership Subscribers shall renew at the normal one-month membership rate.
5. If you fraudulently report your credit card (or other approved facility) as lost, stolen or claim an unauthorized charge, You shall be liable to XXXDANIELLE.COM for liquidated damages in the amount of $10,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
6. Subscription to XXXDANIELLE.COM may be terminated at any time, and without cause, by either XXXDANIELLE.COM or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone. When termination is requested by a member, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.
7. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, XXXDANIELLE.COM will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
8. Any liability of XXXDANIELLE.COM including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the subscriber to XXXDANIELLE.COM for the preceding 12 months. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. XXXDANIELLE.COM enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement.
10. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
11. Notices by XXXDANIELLE.COM to Subscribers may be given by means of electronic messages through XXXDANIELLE.COM, by a general posting on XXXDANIELLE.COM, or by conventional mail. Notices by Subscribers may be given by electronic messages unless otherwise specified in the Agreement.
SECTION III - Additional Terms And Conditions for Visitors and/or Subscribers
1. No warranty is made by XXXDANIELLE.COM regarding any information, services, or products provided through or in connection with the Service, and XXXDANIELLE.COM hereby expressly disclaims any and all warranties, including without limitation:1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
2. Except for public domain material and electronic messages, all material displayed on XXXDANIELLE.COM is copyrighted by XXXDANIELLE.COM and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of XXXDANIELLE.COM, unless otherwise clearly stated in this Agreement.
3. The material on XXXDANIELLE.COM is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.
4. There are no facilities provided by XXXDANIELLE.COM for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Service can and may be read by the operators of XXXDANIELLE.COM, whether or not they are the intended recipient(s).
5. Notices by XXXDANIELLE.COM to Visitors may be given by means of electronic messages through XXXDANIELLE.COM, by a general posting on XXXDANIELLE.COM, or by conventional mail. Notices by Visitors may be given by electronic messages unless otherwise specified in the Agreement.
6. The subscriber and/or Visitor hereby warrants and represents that he or she is over the age of 18, and in all respects is qualified and competent to enter into this agreement.
7. If any term, provision, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Any term, provision, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, at the option of the Company may be modified and/or reformed to the extent necessary to make it enforceable.
8. This Agreement contains the entire agreement between the Subscriber and/or Visitor and XXXDANIELLE.COM regarding the use of XXXDANIELLE.COM, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by XXXDANIELLE.COM to Subscribers and/or Visitors. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations . The Agreement shall be governed pursuant to the laws of the State of California.